Study finds ‘hodgepodge’ of 538 open records exemptions

Senate State and Local Government Chairman Ken Yager (R-Kingston), left) and Sen. Richard Briggs (R-Knoxville), attend a hearing on open records exemptions in Nashville on Jan. 30, 2018. (Erik Schelzig, Tennessee Journal)

When Tennessee’s open records law was first enacted in 1957, lawmakers included just two exemptions for information that should remain confidential. By 1957, that number had risen to 89. As of the beginning of this year, there are 538 exemptions.

Senate Speaker Randy McNally (R-Oak Ridge) and House Speaker Beth Harwell (R-Nashville) asked the comptroller’s office to compile the list of exemptions last year. (Note: The full report is HERE.)

“I will tell you, they are hodgepodge all over the Tennessee Code Annotated,” the Associated Press quotes Jason Mumpower, the comptroller’s office chief of staff, as telling the Senate State and Local Government Committee on Tuesday.

Jason Mumpower, chief of staff in the comptroller’s office, presents a report on Tennessee open records exemptions in Nashville on Jan. 30, 2018. At left is Senate Majority Leader Mark Norris (R-Collierville). (Erik Schelzig, Tennessee Journal)

Chairman Ken Yager (R-Kingston) said he plans to form a subcommittee to review the report and make recommendations to be taken up during next year’s legislative session.

“We should take a very careful approach to this and avoid any knee-jerk type of reaction,” he said.